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The maximum permissible word count for each brief, including headings, footnotes and quotations, is 6,750 words for a 15-page brief, 2,250 words for a five-page brief, and 900 words for a two-page brief. Each annex to a filed document must have page numbering. [7]: Para I B
Appellate briefs are briefs that occur at the appeal stage. Memorandum of law may be another word for brief, although that term may also be used to describe an internal document in a law firm in which an attorney attempts to analyze a client's legal position without arguing for a specific interpretation of the law.
Appellate courts nationwide can operate under varying rules. [3] Under its standard of review, an appellate court decides the extent of the deference it would give to the lower court's decision, based on whether the appeal were one of fact or of law. In reviewing an issue of fact, an appellate court ordinarily gives deference to the trial court ...
For example, an appellate brief to the highest court in a jurisdiction calls for a formal style—this shows proper respect for the court and for the legal matter at issue. An interoffice legal memorandum to a supervisor can probably be less formal—though not colloquial—because it is an in-house decision-making tool, not a court document.
The statement of the case in an appeal brief is a secondary source on the trial. It is also a reliable source. This is because, although an appellate brief is written by an attorney representing the defendant, it is required to present the statement of the factual basis of the case from the best light of the prosecution or plaintiff.
The table of authorities, often called a TOA, is frequently a legal requirement for litigation briefs; the various state courts have different rules as to what kinds of briefs require a TOA. The TOA list has the name of the authority followed by the page number or numbers on which each authority appears, and the authorities are commonly listed ...
The appellate court cannot refuse to listen to the appeal. An appeal "by leave" or "permission" requires the appellant to obtain leave to appeal; in such a situation either or both of the lower court and the court may have the discretion to grant or refuse the appellant's demand to appeal the lower court's decision.
Oral argument is not always considered an essential part of due process, as the briefs also give the parties an opportunity to be heard by the court. Whether a court will permit, require, or guarantee the opportunity to present oral argument is a decision usually left up to each court to decide as part of its rules of procedure, with ...